Many researchers and academics who choose to self-petition for the green card based on their research accomplishments are often confused about which path to take between either the extraordinary ability (EB-1) category or national interest waiver (EB-2). Our rule of thumb is as follows: If your achievements are enough to put you at the very top of your field, and your evidence is sufficient to satisfy three of the categories for researchers, then EB-1 makes sense.
 
However, and what is usually the case, if the research itself is geared towards health, education, economic growth and the environment, and if your research achievements are very good but may not yet have reached the status of being at the very top of your field, then NIW is probably the best path to follow.
 
For researchers from India and China, which are backlogged in the EB-2 NIW category. As of today, EB-1 is current across all countries.
 
The requirements of each category are quite stringent and a casual observer may believe that a Nobel prize is required to get an EB1 petition approved, this is not the case.  Likewise, the NIW requirements can be overcome with a strong legal argument.
 
The benefits of the EB1 and NIW are enormous: Speed, Cost, and Freedom.

• A normal labor certification process can take years. The labor certification must be approved before the the employer can even file a sponsorship petition with the USCIS. EB1/NIW petitions can be concluded in one year.

 

• Labor certification requires costly advertising fees and the employer is burdened with the monetary and time expense. Employers may pass these costs on to the employee through lower wages.

 

• While these petitions are pending the employee is tied to the employer until the process is completed. During this time, the employer wields an enormous amount of power over the employee which places the employee in a very weak position.

If in the United States, an applicant may submit both an EB1 and an NIW petition simultaneously.  At the same time, the foreign national may apply for permanent residence for him or herself and his or her spouse and children. When permanent residence application is filed the applicant and the spouse may also apply for work permits and travel documents to use while the petition is pending. The work permit allows the holder to work for any United States employer and the travel document allows to travel internationally without abandoning their petitions.